CHICAGO/#2798964.3

Shoup Manufacturing Co., Inc.

Ray Lovell

3 Stuart Drive

Kankakee, IL 60901

Phone: 800-627-6137

Email: rlovell@shoupparts.com

7 February 2016

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear U.S. Department of Transportation, Docket Operations:

Shoup Manufacturing Company (“Shoup”) respectfully requests, pursuant to Section 333 of The 

FAA Modernization and Reform Act of 2012, an exemption from the requirements of Title 14 of 

the Code of Federal Regulations concerning commercial operation of a DJI Phantom 3 Advanced 

small unmanned aircraft system (sUAS).

Included within this petition is a description of Shoup, the specific sections of Title 14 for which

we are seeking relief including the reasons for exemption, the benefits the exemption would have 

on the public as a whole, the safety considerations being implemented, a full description of the 

DJI Phantom 3 Advanced specifications, a summary for publication in the Federal Register, and 

additional information pertinent to the exemption request. We appreciate your consideration in 

this matter.

Sincerely,

Ray Lovell

President

Shoup Manufacturing Co., Inc.
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 2

CHICAGO/#2798964.3

APPLICANT INFORMATION

Shoup was established in 1977 for the purpose of selling and manufacturing parts for agricultural 

machinery, tractors, and other farm implements. In doing so it has been working with farmers, 

and those within the agricultural industry, in an effort to educate them as well as provide the 

highest quality parts and accessories for their equipment. As part of this effort, Shoup presents 

educational and marketing materials to customers and prospective customers that includes 

photographic and video footage of the equipment in use. Due to the size and nature of farming 

equipment and the environment in which it operates (e.g., a combine harvester moving through a

field of corn with stalks eight feet tall), Shoup, its current and prospective customers (i.e., 

farmers) and the public stand to benefit from incorporating aerial photography and video into this 

process.

Shoup seeks an exemption from certain Federal Aviation Regulations to allow it to operate a 

single sUAS. Shoup plans to use the DJI Phantom 3 Advanced for obtaining, with the prior 

consent of the landowner, aerial photographic and video footage of agricultural equipment on 

farms in rural areas in Illinois in the United States. Said footage is used for preparation of 

marketing materials and demonstrations of product application and safe product use.

SUMMARY OF EXEMPTIONS REQUESTED

Shoup Manufacturing Company seeks exemption from the requirements of the 14 C.F.R.

sections listed below and as discussed in Appendix A because said sections do not directly relate 

to the safe operation, as such operation is proposed herein by Shoup Manufacturing Company, of 

a DJI Phantom 3 Advanced sUAS: 

14 C.F.R. Part 21 Subpart H

14 C.F.R. Part 27

14 C.F.R. 45.23(b)

14 C.F.R. 45.27(a)

14 C.F.R. 61.101(e)(4)

14 C.F.R. 61.101(e)(5)

14 C.F.R. 61.113(a)

14 C.F.R. 61.113(b)

14 C.F.R. 61.315(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.9(c)

14 C.F.R. 91.103(b)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.151(b)

14 C.F.R. 91.203(a)

14 C.F.R. 91.203(b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 3

CHICAGO/#2798964.3

14 C.F.R. 91.407(a)(2)

14 C.F.R. 91.417(a)

14 C.F.R. 91.417(b)

APPLICABLE LEGAL STANDARD

Grant of this exemption application for use of the sUAS in aerial photographic and video

operations will advance the Congressional mandate in Section 333 of the Reform Act to 

accelerate the introduction of sUAS into the national airspace system (“NAS”) if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether certain 

sUAS may operate safely in the NAS before completion of the rulemaking required under 

Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of sUAS do not create a hazard to users of the NAS or the public, or pose 

a threat to national security in light of the following:

 The sUAS's size, weight, speed, and operational capability;

 Operation of the sUAS in close proximity to airports and populated areas; and

 Operation of the sUAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service:

The Administrator may grant an exemption from a requirement of 

a regulation prescribed under subsection (a) or (b) of this section 

or any of sections 44702-44716 of this title if the Administrator 

finds the exemption is in the public interest.

With respect to Shoup’s request, the grant of the requested exemption in light of Shoup’s 

proposed operation of the sUAS is warranted based on the clear direction in Section 333 of the

Reform Act and the additional authority in the Federal Aviation Act, as amended, based upon 

(1) the airworthiness of the proposed sUAS; (2) the strong equivalent level of safety surrounding 

the proposed operations; and (3) the significant public benefit, including enhanced safety and 
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 4

CHICAGO/#2798964.3

educational/economic benefits associated with transitioning to sUAS for aerial photography and 

video. Shoup therefore respectfully requests that the FAA grant the requested exemption.

SUPPORTING DISCUSSION

(1) AIRWORTHINESS OF THE sUAS

The manufacturers of prominent sUAS systems believe their products meet or exceed 

airworthiness and safety requirements based on the following:

 Manufacturers have stated in their own exemption requests that numerous public 

agencies within the US currently operate their models without limitations;

 UAS operations in Canada since 2008 have been operating under that country’s 

regulations without incident; and 

 Current sUAS systems are equipped with fail-safe, redundant automated features 

which enhance or simplify take-off and landing operations along with a ‘return

home’ feature that is controlled by GPS/GLONASS should loss of operator 

communications occur.

Shoup proposes the use of the DJI Phantom 3 Advanced, which has been recognized as 

airworthy by the FAA in connection with many exemption requests. To maintain airworthiness, 

Shoup will follow a strict inspection and maintenance program, which is enhanced by automated 

safety features of the sUAS. 

In specific detail, the proposed DJI Phantom 3 Advanced sUAS contains the following features:

A. Flight Modes

a. P-mode (Positioning):

i. P-GPS: GPS and Vision Positioning both available. The aircraft is using 

GPS for positioning.

ii. P-OPTI: Vision Positioning is available but the GPS signal strength is not 

sufficient. The aircraft is using only the Vision Positioning System.

iii. P-ATTI: Neither GPS nor Vision Position is available. The aircraft is 

using only its barometer for positioning. So only altitude can be stabilized.

b. A-Mode (Altitude): GPS and Vision Positioning System are not used for 

stabilization. The aircraft only uses its barometer. The aircraft can still 

automatically return to Home Point if the control signal is lost and the Home 

Point has been successfully recorded.

c. F-Mode (Function): Intelligent Orientation Control (IOC) is activated in this 

mode.

B. Flight Status Indicators

a. The DJI Phantom 3 Advanced has Front LEDs and Aircraft Status Indicators:
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 5

CHICAGO/#2798964.3

i. Front LEDs glow solid red when aircraft is turned on to indicate the nose 

of the aircraft. The Aircraft Status Indicators communicate the system 

status of the flight controller.

C. Return To Home (RTH) and Smart RTH

a. The RTH function brings the aircraft back to the last recorded Home Point. There 

are three types of RTH procedures.

i. Smart RTH

1. Use the RTH button on the remote controller or tap the RTH 

button in the DJI GO app and follow on-screen instructions when 

GPS is available to initiate Smart RTH. The aircraft will then 

automatically return to the last recorded Home Point. The Home 

Point is established during the power on procedures of the DJI 

Phantom 3 Advanced. 

ii. Low Battery RTH

1. The low battery RTH failsafe is triggered when the DJI Intelligent 

Flight Battery is depleted to a point that may affect the safe return 

of the aircraft. Users are advised to return to home or land the 

aircraft immediately when prompted. The DJI GO app will display

a notice when a low battery warning is triggered. The aircraft will 

automatically return to the Home Point if no action is taken after a 

ten-second countdown.

iii. Failsafe RTH

1. If the Home Point was successfully recorded and the compass is 

functioning normally, Failsafe RTH will be automatically activated 

if the remote controller signal is lost for more than three seconds. 

The RTH process may be interrupted and the operator may regain 

control of the aircraft if the remote controller signal connection is 

re-established. 

D. Vision Positioning System (VPS)

a. The DJI VPS uses ultrasound and image data to help the aircraft maintain its 

current position. With the help of the VPS the DJI Phantom 3 Advanced can 

hover in place more precisely and fly indoors or in other environments where 

GPS signal is unavailable.

b. The main components of the VPS are 2 ultrasonic sensors and 1 monocular 

camera mounted on the underside of the aircraft.

E. Flight Recorder

a. Flight data is automatically recorded to the internal storage of the aircraft. This 

includes flight telemetry, aircraft status information, and other parameters.

F. Remote Controller

a. The remote controller is in compliance with both CE and FCC regulations.

b. The remote controller is equipped with a RTH button in case of malfunction of 

the DJI Phantom 3 Advanced.

G. Camera and Gimbal
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 6

CHICAGO/#2798964.3

a. The 3-axis gimbal provides a steady platform for the attached camera, 

allowing you to capture clear, stable images and video. The gimbal can tilt 

the camera within a 120 degree range.

H. DJI GO app

a. Camera

i. The Camera page contains a live HD video feed from the Phantom 3 

Advanced’s camera. You can also configure various camera parameters 

from the Camera page.

b. Flight Mode: Individual flight modes can be controlled within the DJI GO app.

c. GPS Signal Strength: An icon on the main screen shows the current strength of 

GPS signals. Green bars indicate adequate GPS strength.

d. System Status: A safe to fly icon indicates the current aircraft system and GPS 

signal strength.

e. Battery Level Indicator: The battery level indicator provides a dynamic display of 

the battery level. 

f. Remote Controller Signal: This icon shows the strength of the remote controllers 

signal.

g. Map: Display the flight path of the current flight.

I. Flight Safety Features

a. All unmanned aerial vehicles (UAV) operators will abide by all regulations set 

forth by government and regulatory agencies including ICAO and the FAA. For 

safety reasons, flights are limited by default, which helps users operate this 

product safely and legally. Flight limitations include height limits, distance limits, 

and No-Fly Zones. All No-Fly Zones are listed on the DJI official website at 

http://flysafe.dji.com/no-fly. No-Fly Zones are divided into Airports and 

Restricted Areas.

J. Safety Preflight Checklist( For full checklist see Appendix)

a. Remote controller, Intelligent Flight Battery, and mobile device are fully charged.

b. Propellers are mounted correctly and firmly.

c. Micro-SD card has been inserted, if necessary.

d. Gimbal is functioning properly.

e. Motors can start and are functioning normally.

f. The DJI GO app is successfully connected to the aircraft.

K. Specifications

a. Aircraft

i. Weight (Battery and Propellers Included) 1280 g

ii. Max Ascent Speed 5 m/s

iii. Max Descent Speed 3 m/s

iv. Max Speed 16 m/s

v. Max Service Ceiling Ave Sea Level 6000m

vi. Max Flight Time 23 min.

vii. Operating Temperature 0-40 degrees Centigrade

viii. GPS Mode GPS/GLONASS

b. Gimbal

i. Controllable Range Pitch -90 to +30 degrees
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 7

CHICAGO/#2798964.3

c. Vision Positioning

i. Velocity Range < 8 m/s (2 m above ground)

ii. Altitude Range 30 cm - 300 cm

iii. Operating Range 30 cm – 300 cm

iv. Operating Environment Brightly lit(lux > 15)

d. Camera

i. Sensor Sony EXMOR 1/2.3”

ii. Lens FOV 94 degrees

iii. ISO Range 100-3200(video)

iv. ISO Range 100-1600(photo)

v. Electronic Shutter Speed 8s-1/8000s

vi. Image Max Size 4000 x 3000

vii. Still Photography Modes AEB, Bracketed, Time Laps

viii. Supported SD Card Types Micro SD; Max 64 GB

ix. Video Recording Modes 2.7K; FHD; HD

x. Max Bitrate Of Video Storage 40 Mbps

xi. Supported File Formats FAT32/exFAT

xii. Supported Photo File Formats JPEG, DNG

xiii. Supported Video File Formats MP4/MOV

xiv. Operating Temperature Range 0 to 40 degrees Centigrade

e. Remote Controller

i. Operating Frequency 2.400 GHz-2.483GHz

ii. Transmitting Distance (FCC Compliant) Up to 5.0 km or 3.1 miles

iii. Video Output Port USB

iv. Operating Temperature Range 0 to 40 degrees Centigrade

v. Battery 6000 mAh LiPo 2S

vi. Mobile Device Holder Tablets and Smartphones

vii. Transmitter Power(EIRP) FCC: 20 dbm; CE: 16dbm

viii. Working Voltage 1.2 A @ 7.4 V

f. Charger

i. Voltage 17.4 V

ii. Rated Power 57W

g. Intelligent Flight Battery

i. Capacity 4480 mAh

ii. Voltage 15.2 V

iii. Battery Type LiPo 4S

iv. Energy 68Wh

v. Net Weight 365 g

vi. Operating Temperature -10 to 40 degrees Centigrade

vii. Max Charging Power 100W

L. FCC Compliance

a. This device complies with part 15 of the FCC Rules.

(2) SAFETY OF PROPOSED OPERATIONS
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 8

CHICAGO/#2798964.3

Shoup intends to use the single sUAS, which weighs significantly less than 55 pounds, for the 

purpose of educational and marketing commercial operations in capturing aerial video and 

photographic demonstrations of farm equipment, parts and accessories sold by Shoup. The 

sUAS operations will occur under tightly controlled conditions on privately owned land in rural 

areas, with the owner’s consent, solely during daylight hours, and at altitudes below 400 ft. AGL

Shoup anticipates flying at relatively low altitudes and speeds.

In addition, all the areas of exemption being applied for will receive an equivalent level of safety 

through the company’s internal operations and procedures and Shoup’s requirements of its pilots 

and visual observers. In these ways and as addressed below, the safety of the general public, the 

NAS, and those directly involved within the flight of the DJI Phantom 3 Advanced, will in no 

way be compromised by the granting of the requested exemption. Through strict adherence to the

outlined specifications and procedures below Shoup Manufacturing Company will ensure that 

there is no risk to anyone involved either on the ground or in the air.

DRONE OPERATORS/PILOT CERTIFICATION PROGRAMS

Shoup understands that there needs to be specific rules and regulations in place in order to keep 

the public safe. Therefore, it is our desire to make sure that the most current rules and regulations 

are followed when it comes to the operation of an unmanned aircraft system. This includes but is 

not limited to the following:

1. Pilot in Command will be certified and/or hold a valid Private or Sport Pilots License; or 

current equivalent required certificate set forth by the FAA for use of a sUAS or UAV in 

a commercial setting.

2. Pilot in Command will hold an approved medical certificate or valid U.S. Driver’s 

License.

3. Minimum crew for each operation will consist of the certified/licensed Pilot in Command 

as well as a Visual Observer.

4. Flight is limited to the line of sight of the Pilot in Command and/or Visual Observer.

5. A signed Release of Liability Waiver will be required of all persons and property owners 

involved before the flight of the sUAS.

6. A briefing will be conducted before each flight by all Pilots in Command before any 

flight.

SPECIFIC OPERATING GUIDELINES TO BE FOLLOWED

1. The Preflight Checklist will be completed before each flight ensuring all hardware is in 

working order.

2. All flights will be below 400 feet

3. All flights will be within a visual line of sight of the Certified Pilot in Command and/or 

Visual Observer.

4. Pilot in Command will be sure to check faa.gov/go/uastfr to make sure they are aware of 

all FAA airspace requirements.

5. Flights will not occur over groups of people.

6. Flights will not take place over stadiums or sporting events.

7. Flights will not be conducted in a careless or reckless manner.
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 9

CHICAGO/#2798964.3

8. Flights will not be within 5 miles of an airport without first contacting air traffic control 

and airport authorities.

9. Flights will not be near emergency response efforts such as fires or police incidents.

10. Flights will not be near other aircraft.

11. Flights will not be flown while the Pilot in Command or Visual Observer is under the 

influence.

12. Flights will be operated during daylight hours.

13. Maximum flight time will be within 30 minutes due to battery constraints. With a RTH 

function enabled below 20%.

14. The DJI Phantom 3 Advanced will weigh less than 24.948Kg (55 pounds) including 

payload (camera, lens, SD Card, Gimbal)

15. Logs will be kept of each flight including distances, altitudes, and locations flown. (See 

Appendix)

16. Post flight inspections of all equipment including DJI Phantom 3 Advanced, Intelligent 

Batteries, and Controller will be completed to ensure sUAS is put away safely and ready

for next flight. (See Appendix for Post-Flight Checklist)

(3) SIGNIFICANT BENEFITS TO THE PUBLIC AS A WHOLE

Shoup Manufacturing Company manufactures and sells thousands of parts and accessories for 

the agricultural industry. Farm equipment is constantly evolving and changing, enabling farmers 

to plant, cultivate and harvest crops in a more cost effective, environmentally sound manner. 

Creating videos of how new equipment, parts and accessories operate enables farmers and crop 

specialists to be able to directly see the benefits of new products. 

Through the use of the DJI Phantom 3 Advanced and its attached camera, Shoup will be able to 

show live demonstrations of the products it sells within the farm applications for which they are 

intended. This will allow farmers and agricultural specialists to make better informed decisions

about which products they may want to purchase, and which ones will best serve their needs.

Second, the proposed sUAS operations will provide a real-life view of what is required for 

successful farm practices. This will be useful in educating the public on the efforts needed to 

bring food to their tables.

Third, those who participate in the making of the videos, through their consent (Release of 

Liability Waiver), will be able to gain information about their own farm fields and the use of 

equipment in that particular environment, which may lead them to implement better practices, 

having positive environmental impacts.

Fourth, the use of a battery operated unmanned aircraft minimizes environmental impact over 

that of a manned aircraft. The DJI Phantom 3 Advanced does not require the burning of fossil 

fuels and operates at a much lower decibel level, therefore cutting down on both air and noise 

pollution.
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 10

CHICAGO/#2798964.3

Fifth, a DJI Phantom 3 Advanced has the ability to fly safely below 400 feet which is often 

necessary when showing crops without causing damage to the fields or putting lives in danger as 

it would in a manned aircraft.

Sixth, national security risks are minimized through the use of a sUAS. The size, load carrying

capacity and speed of sUAS operations pose minimal security issues; the sUAS carries no 

passengers or flammable fuels; the sUAS is pre-programmed to limit its flight envelope to 

outside critical air-side restrictions based on published Airport Layout and/or Aviation Easement 

Plans; and other security concerns are addressed by the Department of Homeland Security’s 

screening of licensed pilots.

Lastly, through the videos and photographs taken, Shoup can stimulate the U.S. economy

because a majority of the products displayed and marketed through this media are Americanmade, which is a very important factor for our customers, as well as the producers from which 

they are purchased.

SUMMARY FOR PUBLICATION IN THE FEDERAL REGISTER

a. Shoup Manufacturing Company seeks exemption from the following requirements of 14 

C.F.R. sections: 

a. 14 C.F.R. Part 21Subpart H

b. 14 C.F.R. Part 27

c. 14 C.F.R. 45.23(b)

d. 14 C.F.R. 45.27(a)

e. 14 C.F.R. 61.101(e)(4)

f. 14 C.F.R. 61.101(e)(5)

g. 14 C.F.R 61.113(a)

h. 14 C.F.R. 61.113(b)

i. 14 C.F.R. 61.315(a)

j. 14 C.F.R. 91.7(a)

k. 14 C.F.R. 91.9(b)(2)

l. 14 C.F.R. 91.9(c)

m. 14 C.F.R. 91.103(b)

n. 14 C.F.R. 91.119

o. 14 C.F.R. 91.121

p. 14 C.F.R 91.151(a)

q. 14 C.F.R. 91.151(b)

r. 14 C.F.R. 91.203(a)

s. 14 C.F.R 91.203(b)

t. 14 C.F.R. 91.405(a)

u. 14 C.F.R. 91.407(a)(1)

v. 14 C.F.R. 91.407(a)(2)

w. 14 C.F.R. 91.417(a)

x. 14 C.F.R. 91.417(b) 
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 11

CHICAGO/#2798964.3

b. Granting of these exemptions would allow for the safe and responsible flight of the DJI 

Phantom 3 Advanced unmanned aircraft pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012. The exemptions will permit Shoup 

Manufacturing Company to operate the DJI Phantom 3 Advanced for the commercial 

purpose of conducting aerial video and photography over areas of the United States.

ADDITIONAL INFORMATION

Shoup Manufacturing is seeking these exemptions to be able to safely operate a sUAS within the 

NAS. In doing so, Shoup’s goal is to enhance its business as well as the businesses of its 

customers and vendors as described earlier. Shoup understands that it is in the best interest of 

everyone to do things correctly and that is why Shoup is applying for this exemption, and going 

through the proper procedures. Much research was conducted of companies using similar as well 

as identical sUAS and UAV aircraft with the same goals having been granted exemptions. Some 

examples include exemption numbers 13726, 13818, and 13135. These exemptions were also 

consulted, along with other sources, in the preparation of this document in order to provide the 

most accurate and pertinent information possible towards our exemption. Thank you for your 

consideration in this matter and know that with the granting of this exemption you will not only

enhance Shoup’s business, but also help us to act in the best interest and safety of the public we 

both serve.
CHICAGO/#2798964.3

APPENDICES
CHICAGO/#2798964.3

APPENDIX A

14 C.F.R. Part 21 Subpart H

Part 21 Subpart H of the 14 C.F.R. refers directly to the Certification Procedures for Products 

and Parts, Subpart H—Airworthiness Certificates. 

The limited size and operation of the DJI Phantom 3 Advanced render it unnecessary to obtain a 

certificate of airworthiness in order to achieve or exceed current safety standards under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate 

upon consideration of the size, weight, speed, operation capability, and proximity to airport and 

populated areas. Shoup will not be operating its DJI Phantom 3 Advanced commercially in any 

of these restricted areas without first contacting air traffic control and airport authorities. The

primary areas of operation will be within rural and agricultural areas away from general 

populous, and any video or photos taken will be done with the signed consent (Release of 

Liability Waiver) of the property owner as well as those being demonstrated within the material 

(see Appendix). Secondly, the DJI Phantom 3 Advanced dimensions are a diagonal size 

(including propellers) of 23.23 inches, a weight of 1280g (2.822 lbs.), a maximum speed of 16 

m/s, and an operation capability estimate of only 23 minutes with a fully charged battery. The 

sUAS does not carry pilot, passenger or flammable fuel. Again, being as the primary operation of 

the DJI Phantom 3 Advanced is in areas that are not populated and due to the size of the aircraft 

Shoup’s use of the unmanned aircraft poses no significant threat to life, property, or the 

environment in which it is flown.

14 C.F.R. Part 27

Part 27 of 14 C.F.R. under section 27.1 Applicability states that this part prescribes airworthiness 

standards for the issue of type certificates, and changes to those certificates, for normal category

rotorcraft with maximum weights of 7000 pounds or less and nine or less passenger seats. While 

it is understood that a rotorcraft can have multiple engines the DJI Phantom 3 Advanced is not 

designed to carry passengers or reach the maximum weight restrictions. Then as the further 

subsections are explored, including but not limited to Fuel and Oil Systems, Cooling, Exhaust 

System, Floats and Hulls, etc. it is determined that none of these features directly relate to the 

DJI Phantom 3 Advanced. Therefore, we are seeking a full exemption from 14 C.F.R. Part 27 as 

the applications do not directly correlate with the system being utilized.

14 C.F.R. 45.23(b); 45.27(a); 91.9(c)

Exemption from 14 C.F.R. 45.23(b) is being sought on the basis that the need for the words 

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional” to be placed near each 

entrance of the cabin, cockpit, or pilot station does not apply to the DJI Phantom 3 Advanced in 

which none of these compartments exist. For this same reason Shoup Manufacturing Company is 

also seeking exemptions from 14 C.F.R 45.27(a) and section 14 C.F.R. 91.9(c) which would 

require compliance to 14 C.F.R. 45.23(b). 

14 C.F.R 61.101(e)(4) & 14 C.F.R 61.101(e)(5)
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 14

CHICAGO/#2798964.3

According to 14 C.F.R. 61.101(e)(4) and (e)(5) limitations are set that no person holding a 

recreational pilot certificate may act as Pilot in Command of an aircraft for compensation or hire, 

or in furtherance of a business. Shoup Manufacturing Company seeks exemption from these 

rules as they are counterintuitive to the commercial usage of the DJI Phantom 3 Advanced. It is 

our mission to use the DJI Phantom 3 Advanced for the furtherance of our business in a safe and 

responsible manner to demonstrate the parts that we sell as well as provide our cliental with 

accurate examples of the proper implementation of our products. In doing so, the Pilot in 

Command will heed all safety restrictions and operations consistent with the FAA regulations for 

operation of a sUAS and would fly within a controlled line of sight environment.

14 C.F.R. 61.113(a) & 14 C.F.R. 61.113(b)

In conjunction with the exemptions being sought within 14 C.F.R. 61.101(e)(4) and 14 C.F.R. 

61.101(e)(5) it is to be understood that we are also seeking exemption from 14 C.F.R. 61.113(a) 

and 14 C.F.R. 61.113(b). These individual sections are based under the heading Private Pilot 

Privileges and Limitations: Pilot in Command. Section (a) states that: no person who holds a 

private pilot certificate may act as pilot in command of an aircraft carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in 

command of an aircraft. Similarly, part (b) states that a private pilot may, for compensation or 

hire, act as pilot in command of an aircraft in connection with any business or employment if 

(1) the flight is only incidental to that business or employment; and (2) the aircraft does not carry

passengers or property for compensation or hire. 

Shoup seeks exemption from both these sections because the DJI Phantom 3 Advanced, due to 

its overall size and power, is neither capable of carrying passengers or property. Therefore the 

pilot in command would not be responsible for life or safety within this capacity. In the same 

respect part (b) does not apply, due to the fact that there are no passengers or additional property 

(besides that which the DJI Phantom 3 Advanced came equipped with) being attached to it for 

delivery or transportation. In addition, the sUAS has a high degree of pre-programmed controls 

and built-in capabilities that limit even the potential for operation outside of that outlined in this 

request.

14 C.F.R. 61.315(a)

Relief is requested from 14 C.F.R. 61.315(a) since this section sets the limitation for a Pilot in 

Command to hold a Sport Pilot Certificate and in doing so states that the pilot in command may

not be used in furtherance of a business. The DJI Phantom 3 Advanced we are looking to utilize 

in a commercial setting is for the furtherance of Shoup as a business. Secondly, it limits only a 

person with a sport pilot license to act as pilot in command of a light-sport aircraft in which the 

DJI Phantom 3 Advanced doesn’t not fit the category of according to 14 C.F.R. 1.1 which 

defines an LSA under the categories of Airplanes, Gliders, Powered parachutes, Weight-shiftcontrol aircraft, and Lighter-than-air aircraft (balloons and airships).

14 C.F.R. 91.7(a)

Shoup Manufacturing Company also seeks exemption from 14 C.F.R. 91.7(a) which it states that 

no person may operate a civil aircraft unless it is in an airworthy condition. Shoup performs all 

the necessary safety and equipment checks as recommended by the manufacturer, DJI, before 
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 15

CHICAGO/#2798964.3

and after each individual flight. Pre and post-flight checklists are contained in the appendices to 

this request. This includes but is not limited to checking for any cracks or breaks within the 

body, rotors, or propellers of the aircraft, testing full operation of GPS and Home location points, 

as well as gimbal status and operation. Secondly, being as though 14 C.F.R. 91.7(a) prohibits the 

operation of an aircraft without an airworthiness certificate and no such certificate, also stated in 

14 C.F.R. 21 subpart H and 14 C.F.R. 91, would be applicable in the form contemplated by the 

Federal Aviation Regulations (FARs), this regulation is inapplicable.

14 C.F.R. 91.9(b)(2)

The aircraft manual addressed within 14 C.F.R. 91.9(b)(2) being present on the aircraft with the 

pilot and passengers is a section that does not practically apply to the sUAS. The DJI Phantom 3 

Advanced due to its size doesn’t have the capability of carrying its 59 page 269.887g (.595 

pounds) printed manual. Also, being as it is not capable of carrying a pilot or passengers this 

statute does not pertain to this sUAS. An equivalent level of safety is achieved through the 

pilot’s access to the manual and other documentation from the ground. 

14 C.F.R. 91.103(b)

Relief from 14 C.F.R. 91.103(b) is requested knowing that the DJI Phantom 3 Advanced is a 

quadcopter based unmanned aircraft that does not require a formal runway for takeoff or landing 

purposes. The aircrafts base foot print only measures a total of 13.97cm (51⁄2 inches) long by

16.51cm (61⁄2 inches) wide. This section also states, as 14 C.F.R. 91.9(b) did, that a manual be 

present on the aircraft stating the takeoff and landing distances. As mentioned in the previous 

section the DJI Phantom 3 Advanced doesn’t have the capability to carry such a manual. 

Therefore an exemption to this rule is also being sought. 

14 C.F.R. 91.119

Minimum safe altitudes as defined in 14 C.F.R. 119 is an item that is needed for relief in the 

flying of the DJI Phantom 3 Advanced. The rule states in section (b) Over Congested Areas. 

Over any congested area of a city, town, or settlement, or over any open air assembly of persons, 

an altitude of 1000 feet above the highest obstacle within a horizontal radius of 2000 feet of the 

aircraft, and section (c) Over other than congested areas. An altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not 

be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

The operations proposed by Shoup require relatively low altitudes, and, in any event, the

maximum altitude allowed by the FAA for an unmanned aircraft is 400 feet, requiring an 

exemption. Shoup will avoid operation of the sUAS in congested areas and will operate the 

sUAS with full regard to all persons, vessels, vehicles, and structures. Secondly, signed 

permission will be sought and granted by all parties involved within the flights before any action 

is performed. Shoup’s goal is always to be mindful of all safety hazards and be sure that our 

flights do not negatively impact the business or customers we work with in any way.

14 C.F.R. 91.121

Relief is needed from 14 C.F.R. 121, entitled altimeter settings, to allow flight operations of the 

DJI Phantom 3 Advanced which utilizes GPS equipment and radio communications telemetry
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 16

CHICAGO/#2798964.3

data to downlink altitude information from the unmanned aircraft to the pilot in command. Since 

the FAA requires that any altitude information concerning unmanned aircraft system operations 

be reported to air traffic control in feet above ground level based upon local barometric pressure. 

Shoup seeks relief because the DJI Phantom 3 Advanced does not primarily base its individual 

altitude off of the barometric pressure and the measurement of air pressure like a normal aircrafts 

altimeter. Instead the ground level of takeoff is given the value of zero and a radio signal 

transmits the altitude of the DJI Phantom 3 Advanced based upon that level as the base value 

directly to the pilot through use of the DJI GO application, which is required for flight.

14 C.F.R. 91.151(a) & 14 C.F.R. 91.151(b)

Shoup Manufacturing Company seeks relief from 14 C.F.R. 91.151 (a) and 14 C.F.R. 91.151(b) 

Fuel requirements for flight in Visual Flight Rules (VFR) conditions. The rules states that no 

person may begin a flight in an airplane under VFR conditions unless there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed during the day to fly 

after that for at least 30 minutes, or at night to fly after that for at least 45 minutes. Secondly, part 

(b) states that no person may begin a flight in a rotorcraft under VFR conditions unless there is 

enough fuel to fly the first point of intended landing and, assuming normal cruising speed, to fly 

after that for 20 minutes. 

The design, size, weight and power attributes of the sUAS limits flight times to far below those 

listed in the regulation, which exceed the typical 23 minute battery life of the unmanned aircraft. 

In addition, due to the size and weight constraints no individual will physically be riding within 

the aircraft. If the flight times as state within 14 C.F.R. 91.151 were adjusted in ratio to that of 

the battery life expectancy of a single DJI Phantom 3 Advanced Intelligent Flight Battery the 

ability to obtain the photographs as well as the video required to be productive would be severely 

inhibited making this exemption necessary for our company to meet its goals. Lastly, in our 

ability to fly safely according to the FAA standards for sUAS and UAV devices the DJI Phantom 

3 Advanced will be in a constant visual line of sight of the Pilot in Command (PIC) and Visual 

Observer.

14 C.F.R. 91.203(a) & 14 C.F.R 91.203(b)

Fourteen C.F.R. 91.203(a) and 14 C.F.R. 92.203(b) provides for the carrying of civil aircraft 

certifications and registrations. As stated earlier under the sections for 14 C.F.R. 21 subpart H: 

The size and limited operation allowed with the DJI Phantom 3 Advanced in a safe and 

responsible manner meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate 

upon consideration of the size, weight, speed, operation capability, and proximity to airport and 

populated areas. Shoup Manufacturing Company will not be operating its DJI Phantom 3 

Advanced commercially in any of these restricted areas without first contacting air traffic control 

and airport authorities. Our primary areas of operation will be within rural and agricultural areas 

away from general populous and any video or photos taken will be done with the signed consent 

(Release of Liability Waiver) of the property owner as well as those being demonstrated within 

the material (see Appendix). Finally, 14 C.F.R. 91 203(b) speaks directly to the aspect of having 
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 17

CHICAGO/#2798964.3

an aircraft with a cockpit or cabin. The DJI Phantom 3 Advanced has neither of these making 

this rule inapplicable to our usage.

14 C.F.R. 91.405(a), 14 C.F.R. 407(a)(1), 14 C.F.R. 407(a)(2), 14 C.F.R. 417(a), & 14 C.F.R. 

417(b)

Each of these sections directly relates to the maintenance and maintenance records kept on 

aircraft. The sUAS achieves an equivalent level of safety because it is small in size, will solely

operate in restricted predetermined areas and is not a complex mechanical device. Shoup will 

conduct pre and post-flight inspections as provided in the Appendices to this request. All repairs, 

if necessary, to the DJI Phantom 3 Advanced will be made through the direct communication 

with DJI or an authorized service center for major repairs. In the instance where a minor repair 

would be needed, such as rotor replacement, directions both print and video are available directly

from the manufacturer and will be followed to the letter. Furthermore, Shoup will keep detailed 

records and documentation of any alterations or repairs needed to the DJI Phantom 3 Advanced 

for review if necessary (See Appendix). It is our goal to ensure that the unmanned aircraft is 

always in perfect working condition to insure the safety of its operator as well as the public.
CHICAGO/#2798964.3

APPENDIX B

DJI Phantom 3 Advanced Pre-flight Checklist Form

Drone Pre-Flight Checklist

Drone Operator: __________________________________________

Flight Date: _____________ Flight Start Time: ________________

Flight Location: _____________ Weather Conditions: _______________

Check Item Notes

_______

Preflight Release of Liability Waivers have 

been signed and collected. ____________________________________

_______ Conduct Preflight Briefing ____________________________________

_______ Check weather and wind conditions. ____________________________________

_______ Are you in a no-fly zone? ____________________________________

_______ Inspect equipment for damage. ____________________________________

_______ Propellers are mounted correctly and firmly. ____________________________________

_______

Micro-SD card has been inserted, if 

necessary. ____________________________________

_______ Gimbal is functioning properly. ____________________________________

_______ Extra Batteries ____________________________________

_______ Verify battery charge. ____________________________________

_______ Verify controller battery charge. ____________________________________

_______ Place drone in a safe level location. ____________________________________

_______ Turn on DJI GO app. ____________________________________

_______ Verify transmitter controls move ____________________________________

_______

Verify transmitter controls are in neutral 

position. ____________________________________

_______ Turn on Transmitter ____________________________________

_______ Connect DJI Intelligent Battery ____________________________________

_______ Power on DJI Phantom 3 Advanced ___________________________________

_______ Check for any people or animals nearby. ___________________________________

_______ Stand clear and announce clear. ___________________________________

_______ Start motors and listen for abnormalities. ___________________________________

_______

Hover at 3-5 feet for a few seconds to check 

stability. ___________________________________
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 19

CHICAGO/#2798964.3

APPENDIX C

DJI Phantom 3 Advanced Post-flight Checklist Form

Drone Post-Flight Checklist

Drone Operator: __________________________________________

Flight Date: _____________ Flight End Time: ________________

Flight Location: _____________ Weather Conditions: _______________

Check Item Notes

______ Land Drone __________________________________

______ Turn off Drone __________________________________

______ Remove Drone battery __________________________________

______ Power down transmitter __________________________________

______

Inspect drone for damage, including landing gear,

wiring, batteries, propellers, and all connections __________________________________

______ Wipe down drone __________________________________

______

Use can of compressed air to blow dust out of 

components and motors __________________________________

______ Place all components in hard protective case __________________________________

______

Download videos and photographs to computer 

from memory card. __________________________________

______ Erase memory card and put back into drone __________________________________
CHICAGO/#2798964.3

APPENDIX D

DJI Phantom 3 Advanced Flight Log

Aircraft Model: ____________________ Serial Number: ____________________

Registration Number: ________________ Operators Name: ___________________

Date

Start & End 

Times Location of 

Flight

Distance & Altitudes 

Reached During Flight

Reason For 

Flight

Year Month Day Hours Minutes
U.S. Department of Transportation, Docket Operations

7 February 2016

Page 21

CHICAGO/#2798964.3

APPENDIX E

DJI Phantom 3 Advanced Alteration & Maintenance Log

Aircraft Model: ____________________ Serial Number: ____________________

Registration Number: ________________ Operators Name: ___________________

Date Time Part(s)

Added/Replaced 

& Serial 

Number(s)

Alteration/Maintenance 

Performed Repair Person

Year Month Day Hours Minutes